Introduction     For civil counsel engaged to right criminal wrongs committed by a Corporation’s former officer or employee, the frustration of the delays incident to a parallel criminal proceeding can nonetheless ultimately bear fruit in the civil arena.  While the civil...

In commercial litigation cases, issuing a litigation hold to preserve electronically stored information (ESI) is paramount once a party reasonably anticipates that litigation may ensue, which may be well before litigation actually commences.  In the electronic discovery context, the First...

In a recent column, we addressed recent Appellate Division authority concerning the ultimate sanction for failure to disclose, a CPLR 3126 Order striking a pleading.   In December, the Court of Appeals issued Gibbs v. St. Barnabas Hospital, 2010 N.Y. Slip. Op. 09198 (2010) reversing a Supreme...

An attorney’s conflict search incident to a potential new matter provides information which will assist counsel in determining whether engagement is appropriate.  There are bright-line rules regarding entering an appearance in light of counsel’s obligation to avoid various conflicts of...

In Lawrence v. Kennedy, --- N.Y.S.2d ----, 2011 WL 5107234, 2011 N.Y. Slip Op. 21377 (Nassau Sup. Ct. 2011), plaintiff Lawrence S. Lawrence, a New York attorney, moved for summary judgment in lieu of complaint against defendants Michael F. Kennedy and his former law firm Lawrence and Walsh,...

This month we review an individual’s right to indemnification pursuant to the New York Business Corporation Law (“BCL”) for counsel fees incurred to defend a civil action or proceeding, other than a derivative suit. In typical fashion, directors and officers are sued for conduct in the course of...